ARREST

DEFINITION OF ARREST

ARREST is the taking of a person into custody in order that he

may be bound to answer for the commission of an offense.
(Rule 113, Section 1, Revised Rules of Criminal Procedure)

Take Note:
Arrest may be made by:

1. an actual restraint of a person to be arrested, or

2. his submission to the custody of the person making the arrest.

(Rule 113, Section 2)
GENERAL GUIDELINES

* Only judges are authorized to issue warrants of arrest.

(People vs. Inting, GR No. 881919; July 25, 1990)

EXCEPTION: BID may issue warrant of arrest of an

undesirable alien sought to be deported because it is no criminal
in nature and the act of deportation in an act of the state
(Harvey vs. Santiago, GR No. 82544; June 28, 1988)
GENERAL GUIDELINES

* No violence or unnecessary force shall be used in making an

arrest. The person arrested shall not be subjected to a greater
restraint than is necessary for his detention.

* Arrest can be made on any day and at any time of the day or
night.

* Generally, arrest should me made only on the basis of a valid

warrant of arrest, EXCEPT in instances where warrantless arrest
can be made pursuant to Rule 113, Section 5.
ARREST WITHOUT WARRANT, WHEN LAWFUL:

A peace officer or a private person may, without a warrant, arrest a

person:

(a) When, in his presence, the person to be arrested has committed, is

actually committing, or is attempting to commit an offense; (Inflagrante
delicto)

(b) When an offense has just been committed and he has probable cause
to believe based on personal knowledge of facts or circumstances that
the person to be arrested has committed it; and (Hot pursuit)

(c) When the person to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving final judgment or is
temporarily confined while his case is pending, or has escaped while
being transferred from one confinement to another. (Escapee)

(Rule 113, Section 5, Revised Rules of Criminal Procedure)

SCENARIO (ACTUAL SUPREME COURT CASE)

Policemen who were on patrol received a radio call from their

camp directing them to proceed to the place of shooting. The
police forthwith proceeded to the place indicated and upon
arriving there, they found the body of the victim. The bystanders
pointed to the accused as the one who had shot the victim. The
police then arrested the accused.

Was there a valid warrantless arrest?

SCENARIO (ACTUAL SUPREME COURT CASE)

Yes, there was a valid warrantless arrest.

The arresting officers acted on the basis of personal knowledge

of the death of the victim and of facts indicating that the accuses
was the culprit (People vs. Jayson, 282 SCRA 166).

The arresting officer or person has the probable cause to believe

based on personal knowledge not necessarily of the crime but of
the facts or circumstances indicating that the person to be
arrested has committed the crime (People vs. Del Rosario, 305
SCRA 740)

[Riguera, Primer-Reviewer in Remedial Law (2013), pages 231-

232 ]